Legal Opinion

Baber v. Desert Sun Motors

New Mexico Court of Appeals

Decided June 14, 2007No. 26,624PublishedCited by 7 opinions

1Opinion of the Court

OPINION

SUTIN, Chief Judge.

{1} In this case, we are asked to determine whether the Workers’ Compensation Judge (WCJ) erred by dismissing this case as moot without entering a compensation order. We conclude that the WCJ did err because a compensation order is the proper mechanism by which to determine the issue of whether fees should be shifted under NMSA 1978, § 52-l-54(F) (2003). We therefore reverse the WCJ’s dismissal and remand for further proceedings.

BACKGROUND

{2} Worker William David Baber, employed by Desert Sun Motors (Employer), injured his spine at work on December 26, 2002, which…

2Cases cited10 opinions

  1. Sanchez v. Molycorp, Inc.New Mexico Court of Appeals · 1985
  2. Archer v. Roadrunner Trucking, Inc.New Mexico Supreme Court · 1996
  3. Leo v. Cornucopia RestaurantNew Mexico Court of Appeals · 1994
  4. Grine v. Peabody Natural ResourcesNew Mexico Supreme Court · 2006
  5. Hise v. City of AlbuquerqueNew Mexico Court of Appeals · 2002

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3Cited by7 opinions

  1. Rivera v. Flint EnergyNew Mexico Court of Appeals · 2011
  2. Baker v. Endeavor Servs.New Mexico Supreme Court · 2018
  3. Zuni Indian Tribe v. McKinley County Board of County CommissionersNew Mexico Court of Appeals · 2013
  4. Baker v. Endeavor Servs., Inc.New Mexico Supreme Court · 2018
  5. Baker v. Endeavor Servs., Inc.New Mexico Supreme Court · 2018

2 more not listed; retrieve them via the Exa API.

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